The Allahabad High Court has ruled that a woman who married without knowing that her husband's earlier marriage was still legally subsisting cannot be denied maintenance merely because the marriage is void under personal law. The Court also increased the maintenance awarded to her, holding that the amount fixed by the Family Court was inadequate considering the husband's stable government employment and rising living costs.
Background of the Case
The matter arose from two criminal revision petitions challenging a Family Court order dated November 24, 2023. One revision was filed by Smt. Monika Alias Satyawati, seeking enhancement of the maintenance awarded to her. The other was filed by Manoj Kumar @ Bablu, who argued that the maintenance application itself was not maintainable because, at the time of their marriage on December 12, 2016, his earlier marriage had not yet been dissolved. The first marriage was dissolved by mutual consent only on November 15, 2017.
Before the Family Court, the husband had also disputed the validity of the marriage. However, the Family Court concluded that the marriage ceremonies had indeed been performed according to Hindu customs and that the allegation that the marriage had taken place under coercion was not proved. It further found that the husband had concealed his existing marriage from the woman, who entered the relationship without knowledge of that fact.
Court's Observations
Justice Garima Prashad noted that the principal question was whether a woman, who unknowingly married a man already having a living spouse, could claim maintenance under Section 125 of the Code of Criminal Procedure.
Referring to the Supreme Court's decisions in Badshah v. Sou. Urmila Badshah Godse and Kamala v. M.R. Mohan Kumar, the High Court held that a husband who conceals his existing marriage cannot later rely on that concealment to deprive the woman of maintenance.
Quoting the Supreme Court, the High Court observed,
"He cannot be permitted to deny the benefit of maintenance to the respondent, taking advantage of his own wrong."
The Court found no illegality in the Family Court's conclusion that the woman had no knowledge of the husband's subsisting first marriage. Therefore, despite the marriage being legally invalid under personal law, she remained entitled to maintenance under Section 125 Cr.P.C.
Maintenance Enhanced
While rejecting the husband's challenge, the High Court accepted the woman's plea that the maintenance fixed by the Family Court was too low.
The Court noted that the husband is employed as a Lekhpal in the Revenue Department, has a stable source of income, and had disclosed a monthly income of around ₹35,000. It emphasized that maintenance should enable a wife to live with dignity and should not be so minimal that it defeats the purpose of the law.
Accordingly, the Court enhanced the maintenance to ₹10,000 per month from the date of filing of the maintenance application on January 29, 2018, until the Family Court's judgment dated November 24, 2023. From November 24, 2023 onwards, the monthly maintenance was increased to ₹12,000. The Court also directed that arrears be paid within six months in equal monthly instalments and stated that, in case of default, the Family Court may recover the amount through attachment of the husband's salary or salary account in accordance with law.
Court's Decision
The Allahabad High Court dismissed the husband's criminal revision and partly allowed the woman's revision by enhancing the maintenance payable to her.
Except for the modification in the maintenance amount, the Family Court's judgment was affirmed.
Case Details
Case Title: Smt. Monika Alias Satyawati v. State of U.P. and Another (Connected Matter)
Case Number: Criminal Revision No. 196 of 2024 (Connected Matter)
Judge: Hon'ble Justice Garima Prashad
Decision Date: 16 July 2026
